Legal Question in Landlord & Tenant Law in Massachusetts
My landlord recently passed away, I signed a lease in advance (June) and moved in September 1st. I moved in with one of the previous renters, the second renter had just moved out. When the lease was signed in June the landlord did not have a new form available, so she crossed out the name of the second renter and filled in my name. She also wrote in " This lease has been extended to August 31, 2013 for both X and X". At that time we also discussed the security deposit, which is not referred to in the lease. The landlord had no record of the previous security deposit being paid (even though it had been) - so she proposed that no more security deposit be paid, and none returned when we end the lease. We signed the lease under that condition. Her son, the new landlord now wants the security deposit and wants us both to sign a new lease. Am I required since I already signed a lease and made a verbal agreement?
1 Answer from Attorneys
If you have a signed copy of the "new lease" then the lease is binding of the new landlord. He cannot change the terms of the lease. However, if you and the new landlord and you cannot agree on terms, there is a good possibility he will not renew or if he does he will require a security deposit.